Wyle_E_Coyote
Northern Virginia
- Joined
- Dec 26, 2011
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The issue is more complicated than bankruptcy court because it is highly unlikely that anyone Josh Powell gave his money to had agreed to assume financial responsibility for his debts.
<snip>.
Yes, good point. Also, bankruptcy laws are very specifically written to prevent fraudulent transfers. Since bankruptcy is a court sanctioned (for lack of a better term) screwing of the creditors, the bankruptcy laws are written to specifically mitigate the harm done to them.
I did find this link that is interesting...
http://www.utahlegalservices.org/public/self-help-webpages/planning-your-estate-probate
a couple of interesting things... "4. Can I avoid probate? If you don't own any land, and your estate is less than $100,000, no probate is required. It is possible to arrange your affairs so there is no estate to probate upon your death. For example, you can give all your property away the day before you die." and further down discussing distribution of an estate where the decedent died intestate: "If only your spouse survives you, your spouse gets the entire estate."
Since Susan's body has not been found and since I don't believe a court has declared her dead, she is legally alive and would inherit (at least in Utah, WA is likely similar) all of his assets. When she is eventually declared dead, the Cox's would inheret her assets. He probably transferred the money like he did to avoid that result. He could have accomplished the same thing with a will or adding a person or persons as joint owners of his account, but maybe there are community property issues specific to WA that made that less of a sure thing. I wonder if he consulted with his lawyer about estate planning, and if attorney-client priviledge survives death in WA.